Zimmerman charged with 2nd-degree murder in Trayvon Martin's death

DEVELOPING TONIGHT, THE FINAL DAYS AND HOURS BEFORE THE START OF THE GEORGE ZIMMERMAN TRIAL AND RIGHT NOW THE JUDGE STILL HAS NOT MADE A VERY CRITICAL DECISION AND IT HAS TO DO WITH THE SCREAMS HEARD ON A 911 CALL. I'M GAARD SWANSON. AND I'M LAUREN ROWE. ONE OF THE BIG DEVELOPMENTS WE ARE FOLLOWING TONIGHT AS BOTH SIDES PREPARE FOR OPENING STATEMENTS. LET'S GET OUT TO SHAUN CHAIYABHAT LIVE AT THE SEMINOLE COUNTY COURTHOUSE IN SANFORD. SO, SHAUN, HOW SOON COULD WE HERE ABOUT WHAT WILL BE ALLOWED IN COURT, THIS BIG DECISION? LAUREN, WE'RE STILL WAITING TO HEAR LITERALLY THAT RULING COULD COME AT ANY MINUTE BUT IT'S LIKELY GOING TO COME BEFORE OPENING STATEMENTS BEGIN ON 9 A.M. MONDAY. BUT UNTIL THEN, IT'S STILL A MYSTERY HOW LAWYERS ARE GOING TO SHAPE THEIR CASE AGAINST GEORGE ZIMMERMAN. JUST THREE DAYS BEFORE GEORGE ZIMMERMAN GOES ON TRIAL, ATTORNEYS STILL DON'T KNOW HOW THEIR CASES WILL UNFOLD. THAT'S BECAUSE THE JUDGE HAS YET TO RULE ON AUDIO EXPERTS OPINIONS ABOUT THIS 911 CALL. YOU THINKER HEARING HELP? YES. WHAT IS YOUR -- JUST, THERE'S GUNSHOTS. PROSECUTORS WANT THEIR AUDIO EXPERTS TO BE ABLE TO TESTIFY THAT HE CAN HEAR TRAYVON MARTIN'S VOICE SCREAMING. THE DEFENSE DISPUTES THAT AND ONLY JUDGE DEBRA NELSON WILL DECIDE. THE JURY WILL HEAR OTHER STATEMENTS ZIMMERMAN WISHES THEY WON'T. PROSECUTORS WILL BE ABLE TO CLAIM ZIMMERMAN CONFRONTED THE UNARMED TEEN AND THEY WILL BE ABLE TO CALL HIM A VIGILANTE AND WANNA-BE COP. PROSECUTORS WILL NOT BE ABLE TO SAY HE RACIALLY PROFILED MARTIN. LAWYERS WILL HAVE TO STICK TO SAYING HE PROFILED HIM WITHOUT THE ASSUMPTION OF RACE. I WOULD ASK THE STATE TO STAY AWAY FROM RACIAL PROFILING BUT NOT THE WORD PROFILE ITSELF IF IT IS USED IN OTHER TERMS. THAT IS NOT A RACIALLY CHARGED TERM UNLESS IT IS MADE SO, AND WE DON'T INTEND TO MAKE IT A RACIALLY CHARGED TERM. ZIMMERMAN'S DEFENSE SAYS JURORS WON'T SEE THE DIFFERENCE. IT WAS QUITE APPARENT THAT WHEN YOU USE THE TERM PROFILING, LIKE PEANUT BUTTER AND JELLY. PROFILING AND RACIAL IN A CASE OF THIS MAGNITUDE. OF COURSE, JUDGE STILL HAS A LOT OF WORK TO DO ON HER END BEFORE TRIAL BEGINS ON MONDAY MORNING. AGAIN, WE ARE STILL WAITING TO HEAR WHAT HER DECISION WILL BE, WHETHER OR NOT THAT EXPERT WITNESS TESTIMONY WILL BE ALLOWED IN TO DISCUSS THAT 911 CALL. WELL, ALONG WITH THAT DECISION, WE SHOULD GET A BETTER IDEA OF HOW LONG THIS TRIAL MIGHT LAST BASED ON WHAT THE PROSECUTION DECIDES TO SAY IN THEIR OPENING STATEMENTS MONDAY. YEAH, REALLY, IT ALL DEPENDS ON WHAT THE PROSECUTORS DECIDE TO SAY IN THAT OPENING STATEMENT, IF THEY GET VERY DETAILED AND TALK ABOUT SOME VERY SPECIFIC THINGS LIKE, FOR INSTANCE, TRAYVON MARTIN'S CELL PHONE RECORDS. THAT WILL GIVE US A BETTER INDICATION OF HOW LONG THIS TRIAL IS GOING TO BE, PROBABLY MORE LIKE THE FOUR WEEKS INSTEAD OF THE TWO WEEKS. MORE THEY TALK ABOUT, THE MORE THE DEFENSE WILL WANT MORE EVIDENCE SUBMITTED. THANKS VERY MUCH, SHAUN. WELL, SIX JURORS AND FOUR ALTERNATES GET TO SPEND THE WEEKENDS HOME WITH THEIR FAMILIES, ONCE THE TRIAL STARTS THEY WILL BE SEQUESTERED. IT ALL BEGINS WITH OPENING STATEMENTS MONDAY MORNING AT 9. YOU CAN WATCH OPENING STATEMENTS HERE ON LOCAL 6 LIVE. IF YOU ARE ON THE GO, WE WILL BE STREAMING IT ON CLICKORLANDO.COM. OF COURSE, YOU CAN ALWAYS DOWNLOAD OR ZIMMERMAN APP, FREE IN YOUR APP STORE. BECAUSE WE WILL HAVE OPEN STATEMENTS ON LOCAL 6, OUR REGULAR PROGRAMMING IS BEING SWITCHED TO OUR DIGITAL CHANNEL

SANFORD, Fla. -

The judge in the George Zimmerman case ruled on Friday that the state can refer to Zimmerman as a "vigilante" and "wannabe cop," along with saying Zimmerman confronted and profiled Trayvon Martin.

Judge Debra Nelson ruled that the state should not say Zimmerman racially profiled Martin, but the state can say Martin was "profiled."

"If they don't prove it, they don't prove it. And you'll bring it to that jury's attention in closing argument," Nelson said.

Quick Clicks

"We don't intend to say he (Trayvon Martin) was solely profiled by race," said state prosecutor John Guy, agreeing that they won't call Zimmerman a "self-appointed Neighborhood Watch captain." "They can be profiled by their age, by their dress, the car that they drive, the location and timing that they're in a certain place. So that is not a racially charged term unless its made so, and we don't intend to make it a racially charged term."

The defense filed the motion regarding inflammatory language in hopes of barring the use of certain terms, such as "profiling," and "wannabe cop."

According to evidence filed earlier this month, Zimmerman had applied to be a police officer in Prince William County in the Washington-metropolitan and was rejected. The state says Prince William County is in Maryland but the county doesn't appear to exist in the state, however, there is a Prince William County in Virginia.

"We have tried so hard in this case not to make it what everybody outside the courthouse may want it to be," said Zimmerman attorney Mark O'Mara. "It was quite apparent, when you use the term profiling, its like peanut butter and jelly. Profiling and racial. In a case of this magnitude."

Zimmerman's attorneys are trying to limit what prosecutors could tell jurors about their client.

"We have had in recent history in this Central Florida area an absurdity of how to handle an opening statement where information was presented that never came into court," O'Mara said, likely referring to unproven claims made by Casey Anthony's lawyers that she was sexually abused.

We have had in recent history in this Central Florida area an absurdity of how to handle an opening statement where information was presented that never came into court.

Nelson said she will issue a written ruling after a Frye hearing concluded the day before. The hearing was focused on the audio experts testifying about the screams heard in the background of neighbors' 911 calls, was previously held on June 8 and earlier this week, but no decision was made.

Zimmerman waived his right to appear in court Friday morning, where other pretrial motions were discussed.

O'Mara, who is Local 6's former legal analyst, rehashed the defense motion for sanctions against the state. The defense seeks more than just money for state concealment of Trayvon Martin's phone evidence and wants relaxation of authentication rules for what's on the phone. Nelson said she wouldn't rule on the sanctions at this time.

Defense attorney Don West tried to introduce exhibits into evidence in the Frye hearing, but judge refused and said she would only consider testimony and evidence introduced over the four-day hearing.

"We are running in circles ," Nelson said as West argued with her about introducing new exhibits. "If you want my Frye order today, I can't sit here in court all day."

The hearing ended after about 45 minutes. Opening statements will begin Monday at 9 a.m. and the jury will be sequestered starting Monday.

The state audio experts in question are Dr. Alan Reich, who says he hears Trayvon Martin saying "I'm begging you" in the background of the 911 calls, and New Jersey audio forensic expert Tom Owen, the expert who excluded Zimmerman as the source of the screams in the 911 calls.

Owen testified via video chat on Thursday, saying that he's testified opposite of the defense's expert several times, including one case in 1999.

Defense attorney Don West questioned Owen on if he used the same software in the 1999 case, to which Owen said he used one of the two software in the case.

Prosecutor Richard Mantei made closing arguments for the state, saying Owen and Reich are both experienced in their field and spent hours analyzing the audio tapes. He said that Reich's methodology was not "new or novel," which is what a Frye hearing determines.

Mantei also broke down each of the defense's witnesses--George Doddington, Peter French and Jim Wayman-- and compared their experience and studies to the state audio experts.

He said the judge should let the jury decide if the experts have credibility.

In West's closing arguments, he said the defense has been scrambling to get state audio experts' testimony in the case. West said Owen never prepared a report and was unable to get a deposition from him because of the price.

West said the defense learned of Reich in the last discovery order and received his report on May 10.

"We still don't know what his (Reich's) methods are and what his findings were," West said, adding that no other expert has heard what Reich reportedly heard.

West said analyzing the 911 audio calls was a "waste of time" and said Reich's report should begin "it was a dark and stormy night," because it lacks scientific evidence.

In rebuttal, Mantei said the hearing is not an "acronym contest" and that a Ph.D. is not needed to analyze audio samples.

Wayman was unable to testify for the defense at the June 8 hearing, prompting the hearing delay.He testified on Wednesday that he was baffled by Reich's methodology in his testing.

He also said looping audio for analysis, as Owen did, is not accurate. Wayman said software doesn't exist, calling it "breathtakingly new" when West asked if the methodology would be new and novel.

Martin's family claim the cries came from the teen while Zimmerman's father has testified they were those of his son.

Copyright 2013 by ClickOrlando.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Comments

The views expressed are not those of clickorlando.com, WKMG or its affiliated companies. This is a community moderated forum (Please note the 'Flag' button). By posting your comments you agree to accept our Terms Of service